Case studies: Colour

Area: EmploymentGround: Colour, race and gender Result: Resolved voluntarily at the investigation stageA Caucasian-Canadian factory worker complained that management discriminated against her because of her race, colour and gender. The worker alleged she was treated differently than her Asian-Canadian male co-workers, and when opportunities for further training arose in her area of specialty, management ignored her and sent Asian-Canadian males instead. She left her employment as a result of this treatment. The employer denied the allegations, but an investigation showed her complaint had merit. The employer provided a financial settlement.

Area: EmploymentGround: Colour and raceResult: Resolved voluntarily at the investigation stage A Canadian of African descent alleged he had been discriminated against by his employer because of his race and colour. He stated that during his lengthy employment, he was denied permanent status by his employer while other employees with less seniority were not, and that despite his seniority, he was the first one to be laid off during seasonal layoffs. The employer denied the allegation, but an investigation into the matter showed his complaint had merit. The employer reimbursed the employee for lost wages during the lay-off season, backdated his seniority to reflect prior years of service, and made appropriate pension and benefit adjustments. The complainant was satisfied, and the file was closed.

Area: EmploymentGround: Colour and raceResult: Resolved voluntarily through conciliationA Caucasian man employed in a restaurant filed a complaint alleging a supervisor favoured employees of East-Asian ancestry over Caucasians. He alleged he was not allowed sick leave while others were, that he was subjected to unfair criticism regarding his work, and that he left employment as a result of the discriminatory treatment. The employer claimed the man was criticized because of concerns with job performance, not because of race or colour. Despite conflicting perspectives, the complainant and employer agreed to participate in conciliation. The employer offered to provide the complainant a letter of reference. The man accepted and the file was closed.

Area: EmploymentGround: Colour and raceResult: Dismissed A woman who worked as an office clerk complained that her manager made discriminatory comments to her, and treated her differently than others because of her colour and race. She also complained that the employer discriminated against her on the basis of her colour and race by requiring her to undergo a medical exam to verify her illness while she was away on sick leave. The allegations were investigated, and evidence showed that the complaint did not have merit. Evidence showed that the workplace was undergoing many changes and the woman incorrectly assumed that the stress created in the workplace was because of her colour or race. Evidence also showed that it was a requirement of the union contract that employees on medical leave undergo a medical exam and that other employees had been asked to undergo a medical exam while on disability leave. The complaint was dismissed.

Area: ServicesGrounds: Colour and raceResult: Dismissed A man complained that an institutional facility discriminated against him on the basis of his race and colour. He alleged that slurs about his race and colour were made against him, and that important documentation was deliberately misplaced, resulting in negative consequences. The service provider denied knowledge of any racial slurs directed to the man and claimed the misplaced document was due to an administrative error. Evidence obtained during investigation did not support the complaint. There was no evidence that employees of the service provider directed derogatory remarks to the complainant or that there was any connection between the misplaced document and the man's race or colour. The complaint was dismissed.

Area: EmploymentGround: Colour, race, ancestry, place of origin Result: Dismissed A man of aboriginal ancestry filed a complaint against his employer, alleging discrimination on the basis of race, colour, ancestry and place of origin. He alleged a large number of discriminatory incidents culminating in his termination of employment.

Conciliation of this case was not successful, and an investigation was done. The investigation determined that some of the allegations were a result of the complainant's lack of information and, in the other cases, there were reasonable non-discriminatory explanations for the employer's actions. The complaint was dismissed, and the complainant did not appeal the dismissal.

Revised: December 14, 2011

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